The appellant police officer appealed a disciplinary hearing decision that found him guilty of unsatisfactory work performance and ordered his resignation or dismissal.
The Ontario Civilian Police Commission allowed the appeal and ordered his reinstatement.
The Commission found that the Ottawa Police Service failed to strictly comply with its own performance review policies and the mandatory pre-conditions set out in section 29(3) of O. Reg. 268/10 before initiating the chief's complaint.
The hearing officer committed manifest errors of law by finding that substantial compliance was sufficient and that he had discretion to interpret the established procedures, as well as errors of fact by ignoring material evidence favourable to the appellant.
